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6 Responses to “Next sue the car company he used”

“Knives are sharp, bowling balls are heavy, bullets cause puncture wounds in flesh. The law has long recognized that obvious dangers are an excluded class. Were we to decide otherwise, we would open a Pandora’s box.

“The city could sue the manufacturers of matches for arson, or automobile manufacturers for traffic accidents, or breweries for drunken driving. Guns are dangerous. When someone pulls the trigger, whether intentionally or by accident, a properly functioning gun is going to discharge, and someone may be killed. The risks of guns are open and obvious.

“We hold that the trial court properly dismissed the city’s complaint. The city’s claims are too remote and seek derivatively what should be claimed only by citizens directly injured by firearms. The city cannot recover municipal costs. We overrule its assignment of error and affirm the judgment of the trial court.” – Judge Ralph Winkler, Ohio 1st District Court of Appeals in the decision upholding dismissal of Cincinnati’s lawsuit.

It will be interesting to see how Connecticut’s Supreme Court decides this case.

“The families of 10 victims filed the lawsuit in January 2015, seeking to hold the Remington Outdoor Co. liable for the massacre because it marketed a gun to the public it knew was made for military use.”

Oddly enough, IIRC, the US Army locked out the full auto position on draftees M-16’s during some portion of Vietnam, with just a couple designated soldiers with select fire capability. The problem was the rote response to any incoming fire was locking the trigger back to empty a mag. No one humped enough ammo to make that a viable strategy. Returning to base with no ammo was somewhat common, and clearly sub-optimal.

True. Another example is the M1903 Springfields, which feature a bolt action with a 5 round internal magazine. They also have a lever to disable the magazine and force combatants to manually load a new round each time rather than simply cycling the action. Another case in which higher ups didn’t want them wasting all their ammo. (and .30-06 is much heavier than 5.56)